Administrative Law eJournal最新文献_第2页

Limited Public Authorisations and Grants - What Bard, Betfair and BNR Have in Common 有限的公共授权和拨款-巴德，必发和BNR的共同点

Administrative Law eJournal Pub Date : 2011-07-06 DOI: 10.2139/SSRN.1883358

F. van Ommeren, W. D. Ouden, Johan Wolswinkel

引用次数: 1

What is a Core Deposit and Why Does it Matter? Legislative and Regulatory Actions Regarding FDIC-Insured Bank Deposits Pursuant to the Dodd-Frank Act 什么是核心存款，为什么它很重要?根据多德-弗兰克法案对联邦存款保险银行存款的立法和监管行动

Administrative Law eJournal Pub Date : 2011-06-01 DOI: 10.2139/SSRN.1857121

R. C. Whalen

引用次数: 11

Linking Up Levels of Governance: Agencies of the European Union and their Interaction with International Institutions 联合治理水平:欧盟机构及其与国际机构的互动

Administrative Law eJournal Pub Date : 2011-04-01 DOI: 10.1057/9780230369894_8

M. Groenleer

引用次数: 11

Globalizing of Administrative Law 行政法全球化

Administrative Law eJournal Pub Date : 2011-03-01 DOI: 10.2139/ssrn.1774785

Sungjoon Cho

{"title":"Globalizing of Administrative Law","authors":"Sungjoon Cho","doi":"10.2139/ssrn.1774785","DOIUrl":"https://doi.org/10.2139/ssrn.1774785","url":null,"abstract":"What if the same international trade dispute is adjudicated both in a domestic court and in an international tribunal? The conventional view – dualism – may tolerate two conflicting legal conclusions in this situation. However, in the Habermasian postnational constellation, such legal dissonance appears not only normatively troublesome but also practically taxing to global business. Against the backdrop of the recent “double remedies” dispute between the United States and China, this Article seeks to offer a modest solution to this dilemma via a discursive engagement between a domestic court and an international tribunal. The Article argues that the WTO Appellate Body qua trade law adjudicator could have employed the same hermeneutical tool, such as “reasonableness,” adopted by the United States Court of International Trade (USCIT) when the latter reduced the Commerce Department’s discretion over the double remedies issue to null. The Article further views that as such an engagement between a domestic court and an international tribunal, as well as the resultant discursive connection between them, matures and deepens, both courts may form a broader interpretive community, in which they can establish an identifiable pattern of common administrative law principles. This visible, and thus accessible, trans-judicial practice in overlapping issue-areas, such as trade remedy, this Article submits, is a propitious step toward the reconciliation of domestic and international administrative law, and eventually the globalizing of administrative law. The Article concludes that this diffusive and osmotic global administrative law-making process offers a novel dimension of understanding transnational-international law.","PeriodicalId":341363,"journal":{"name":"Administrative Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129218113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

National Courts Review of Transnational Private Regulation 国家法院对跨国私人规制的审查

Administrative Law eJournal Pub Date : 2011-01-17 DOI: 10.2139/SSRN.1742452

E. Benvenisti, G. Downs

{"title":"National Courts Review of Transnational Private Regulation","authors":"E. Benvenisti, G. Downs","doi":"10.2139/SSRN.1742452","DOIUrl":"https://doi.org/10.2139/SSRN.1742452","url":null,"abstract":"Transnational private regulatory bodies (TPRs) composed of either private actors or a hybrid of public and private actors are increasingly replacing direct governmental regulation or have begun to regulate areas that have never been subject to governmental oversight. Such privately-ordered, informal arrangements typically facilitate coordination without entailing long-term commitments, rigid rules that might constrain state executives, or more than minimal public scrutiny. By increasing the information asymmetries among the various (domestic and global) stakeholders, and by evading or rendering obsolete traditional constitutional checks and balances and other oversight mechanisms, TPR threatens to exacerbate the already existing regulatory oversight deficit that globalization is widely believed to have created in many democratic states. In this essay we discuss the prospect that national courts (NCs) will take it upon themselves to directly or indirectly review these TPRs and address some of the challenges that the TPRs potentially raise with respect to economic efficiency, democracy, and equality. We describe some of the tools that NCs have developed over the years in response to privatized regulation at the domestic level and examine the constraints that NCs face in applying similar such tools to TPRs, and assess the potential and limits of NC regulation.","PeriodicalId":341363,"journal":{"name":"Administrative Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126469793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Federal Preemption of State Law: The Current State of Play 联邦对州法律的优先购买权:当前的游戏状态

Administrative Law eJournal Pub Date : 2011-01-16 DOI: 10.2139/SSRN.1740043

D. Farber

引用次数: 0

Agency Design in the European Union 欧盟机构设计

Administrative Law eJournal Pub Date : 2010-10-01 DOI: 10.22329/WYAJ.V28I2.4501

H. Hofmann

引用次数: 7

Recent Developments of Competition Advocacy in Brazil: The New Institutional Strategy of CADE’s Internship Program 巴西竞争倡导的最新发展:CADE实习计划的新制度战略

Administrative Law eJournal Pub Date : 2010-09-03 DOI: 10.2139/ssrn.1719347

José Antonio Batista de Moura Ziebarth

{"title":"Recent Developments of Competition Advocacy in Brazil: The New Institutional Strategy of CADE’s Internship Program","authors":"José Antonio Batista de Moura Ziebarth","doi":"10.2139/ssrn.1719347","DOIUrl":"https://doi.org/10.2139/ssrn.1719347","url":null,"abstract":"Since mid 1990’s the Brazilian Competition Tribunal (CADE) holds a biannual Internship Program. In each term of the program students from all over the country experience the daily life, having both practical and theoretical contact with antitrust law and policy, for they get involved in the major challenges of the country practice in competition policy. These last four editions have attained an outstanding accomplishment. After a thoroughly planning and reformulation of the program five strategies have been defined: internationalization, diversity, meritocracy, access to knowledge and intra-governmental advocacy. This papers aims to highlight the restructuration of CADE’s Internship Program in 2009, focusing in the new institutional strategy developed, and the results achieved. CADE’s Internship Program constitutes one of the most powerful tools of the Brazilian Competition Policy System to broaden and disseminate the competition culture along the country and, since 2009, also Latin America, representing an important contribution to the efforts to create adequate institutions to enhance and promote development in Brazil.","PeriodicalId":341363,"journal":{"name":"Administrative Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127092555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Secrecy, Systemic Risk, and the Freedom of Information Act’s ‘Confidentiality’ Exemption 保密，系统性风险，以及信息自由法案的“保密”豁免

Administrative Law eJournal Pub Date : 2010-08-20 DOI: 10.2139/SSRN.1662687

S. W. Carroll

{"title":"Secrecy, Systemic Risk, and the Freedom of Information Act’s ‘Confidentiality’ Exemption","authors":"S. W. Carroll","doi":"10.2139/SSRN.1662687","DOIUrl":"https://doi.org/10.2139/SSRN.1662687","url":null,"abstract":"During the financial crisis, the Federal Reserve lent hundreds of billions of dollars to struggling banks and financial institutions. When journalists filed Freedom of Information Act (FOIA) requests seeking information about the loans, the Federal Reserve responded that the information was exempt from FOIA because it was commercial or financial, confidential, and obtained from private parties, thus satisfying the fourth FOIA exemption. Litigation of this question within the Second Circuit emphasized courts’ deep disagreement over the “confidentiality” exemption’s breadth. This paper argues that some courts’ broad interpretation of “confidentiality” is inappropriate given FOIA’s language, purpose, and legislative history. In justifying its decision to withhold the information, the Federal Reserve raised legitimate concerns about systemic risk at the height of the financial crisis – but the currently existing FOIA exemptions, properly construed, do not capture these concerns. Therefore, this paper argues that Congress should enact an additional “safety valve” exemption. The new exemption would allow courts to exempt particular information from disclosure in cases of extreme necessity, while not betraying legislative intent and principles of statutory interpretation by reading an existing exemption in an illogically broad manner.","PeriodicalId":341363,"journal":{"name":"Administrative Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115693026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Regulatory Choices in the Privatization of Infrastructure 基础设施私有化中的监管选择

Administrative Law eJournal Pub Date : 2010-06-03 DOI: 10.1093/acprof:oso/9780199574124.003.0006

M. Prado

引用次数: 2